CHAPTER 25 LAW. Abstract

Transcription

1 CHAPTER 25 LAW Doctoral Theses 261. AJAY KUMAR Law Relating to Medical Negligence. Supervisor : Dr. Kiran Gupta Th Deals with medical negligence within the constitutional framework of India, the various forums available for medical negligence and the larger issue of need for medical accountability. Deals with the historical development of law relating to medical negligence with the special reference to ancient Indian medical literature. The shift from criminal to tortious liability of acts constituting medical negligence, under the common law has also been briefly discussed. An attempt has been made at an in-depth analysis of definition of negligence with special reference to medical negligence and detailed case law rendered by English and Indian courts thereon has also been discussed incisively. Endeaviours to study the basis on which the principle of vicarious liability is based. The control test as traditionally formulated is no more treated as an exclusive test for determining the master servant relationship. Examines the judical pronouncements to study the general application of Respondent Superior (i.e. let the superior be responsible) theory to physicians. Describes the general provisions of IPC - which are applicable to determining liability of physicians in cases of medical negligence. The distinction between criminal negligence and criminal rashness has also been touched upon. Deals with the applicability of the consumer protection act 1986 to the medical professional, the consumer disputes redressal agencies which is a three tier structure for the redressal of consumer grievances. Deals with a field study in which a set of 19 questions relating to medical negligence were put to various persons belonging to three different strata of society viz, doctors, lawyers, general public who were chosen as respondents. On the basis of data collected from the survey, certain conclusion have been drawn up.

2 Introduction. 2. Negligence in torts. 3. Vicarious liability. 4. Criminal liability of medical professionals. 5. Proof of negligence. 6. Liability of Medical professional under the comsumer Protection Act, Field survey & tabled data. 8 Conclusion and suggestions. Bibliography MALIK (Pratap S) Matrimonial Violence : Myths and Realities of Legal Redressal Mechanism. Supervisor : Prof. Poonam Saxena Th Deals with working and problems of Domestic Violence Act 2005, the motivations and legal remedies to avoid its redundancy and other similar aspects of this law. Evaluates the impact of major legislations on the positions of the women trapped in domestic violence. Evaluates the working of the Domestic Violence Act 2005, with special reference to the psyche of litigants, lawyers, police protection officers and the Judges. Ascertains the problem areas and challenges in the working of Domestice Violence Act and from the perspective of the litigants, lawyers, police, the Judges and other functionaries. Formulates the measures and steps to make the Demostice Violence Act 2005 implementable in the right spirit and for the betterment of women. 1. Position of women in socio-historic perspective. 2. The legal scenario and the dowry. 3. This research work. 4. The empirical research (The legal redressal mechanism). 5. Suggestions. Bibliography NEGAHI (Marjan) Measures to Prevent Child Exploitation : A Comparative Study of Criminal Policy of India and Iran. Supervisor : Prof. S C Raina Th Emphasises on the notion and definitions of child exploitation and its various modes and forms based on universal standard.

3 144 Effort has been made to develop a common understanding aiming at elimination of child exploitation. The scholar has attempted to analyze the criminal policy and preventive measures of the governments of India and Iran in the legal and legislative perspective. The facts have been supported by primary and secondary sources and material. Analyzes various forms of child exploitation in India and Iran and their existence and expansion in these two countries. The actions of governments against commercial child exploitation and the remedial steps taken in this direction too have been surveyed in the background of existing laws in the two countries including the laws which violate children s right. 1. Prologue. 2. Conceptualization and magnitude of the child exploitation. 3. Prevention of child exploitation in India and Iran. 4. Role of judiciary and other criminal justice agencies in prevention of child exploitation. 5. Analysis of data and questionaire. 6. Summations and suggestions NERWAL (Partap Singh) International Regulations of Persistent Organic Pollutants - Search for New Legal Options. Supervisor : Prof. Gurdip Singh Th Traces the nature and characteristics of the Persistent Organic Pollutants. It consists of their introduction, emergence uses, positive and negative aspects for their use, their impact on the developed and developing countries and the need for their regulation. The international regulatory action of non-binding nature have been examined. It deals with provision in the Stockholm Declaration 1972, World Charter of Nature 1980, Rio Declaration 1992 and Agenda 21. The provisions of the Basel Convention on the trans-boundary movement of Hazardous Wastes, 1989 have been examined. It outlines the problems created by the transboundary movement of hazardous wastes particularly in view of the trade and economic issues arising out of such movement. The provision of the Stockholm Convention on the Persistent Organic have been examined in detail. The convention prohibits or restricts the production and use of 12 chemicals known as dirty dozens and leaves it to the discretion of the states to include more such chemicals in the

4 145 list with the mutual consent. The dynamics of the relationship between the international trade and the environment in general and POPs in particular have been examined. The regulation of movement of hazardous wastes and appropriate technology transfer is essential to control the menace of POPs. Examines and understands the principles of liability for ensuring justice to victims who suffer injuries or dealth on account of harms caused by the toxic substances like POPs. 1. Persistent organic pollutants : Nature and characteristics. 2. International soft law regulations of chemicals and pesticides. 3. International regulations of control the hazardous waste movements. 4, The stockholm convention on the persistent organic pollutants, International trade and the POPs.6. Principles of liability and toxic torts. 7. Conclusions and suggestions. Bibliography RAVINDER KUMAR Right to Freedom of Conscience with Special Reference to Religious conversion. Supervisor : Dr. Kamala Sankaran Th India remains a deeply religious country and spiritually continues to be an integral part of the social order. India s secular Constitution and constituionally sanctioned legislation are, therefore, sensitive enough to and adequately reconciled with this ground reality. The social paradigms and legal parameters of this sensitivity and reconciliation make India s religion-state relations quite unique and a study of these relations indeed fascinating. Makes a thorough study of the multidimensional effect and aspects of the right to freedom of religion guaranteed under Article 25. Discuses broadly the concept of freedom of analysing the constitutional provision and regulation of the same in Indian perspective. Discuses the concept of religious conversion and religious view on freedom of conscience and conversion. Analyses the indirect and direct legislation dealing with conversion and freedom of conscience. Tries to explore the reasons of conversion in India and the impact of conversion on the socio-economic condition of convert.

5 Introduction. 2. Freedom of religion and Indian constitution. 3. State regulation of freedom of religion. 4. Conversion - Meaning and process. 5. Freedom of religion and conversion under personal laws. 6. Anti-conversion laws - An analyses. 7. Religious conversion - causes. 7. Impact of religious conversion. 9. Conclusions and suggestions. Bibliography SANJAY KUMAR Trips and Its Effect on Pharmaceutical Industry with Special Emphasis on India. Supervisor : Prof. J L Kaul Th This study broadly provides effect of TRIPS, especially consequential change in patent law on the Indian Pharmaceutical Industry. It also brings out the current industry trends and business segment potential identifies the facilitators and imperatives to capture the emerging opportunities and recognize the challenges involved. The study also comprehensively and critically examines the various relevant provisions of TRIPS to undertand the impact thereof on Indian Patent System taking into account the amendments made. It also develops argument that the impact of the introduction of a stronger patent regime on the domestic pharmaceutical industry of a developing country including India can have different effects depending on the strength of the scientific and technological capabilities of the domestic industrial system at the time of regime transition. It also review the experience of Italy and Japan, then introduced product patents in the past. 1. Agreement on trade related aspect of intellectual property rights (TRIPS) : An introduction. 2. The evolution of TRIPS. 3. Analysis of relevant provisions of TRIPS. 4. TRIPS affecting the Indian patent law. 5. The Indian pharmaceutical industry : An overview. 6. Conclusion and recommendations VIJAY KUMAR HIMANSHU Law of Patenting of Biotechnological Invention and its Effect on Food Security, Public Health and Environment. Supervisor : Prof. Ashwini Kr. Bansal Th 18026

6 147 Surveys the definition and meaning of products and processes of biotechnology given by various experts/authors, institution and those contained in national and international treaty and convenants. The pure biological component of the biotechnology, such as plants, animal varieties, cells, germ lines, DNA and gene have been studied and commented upon. Examines the stages of development of the Biotechnology. Comprehensively highlights the molecular and biological perspective of the biotechnology and aptly outlines the scope and nature of Biotechnology patent. Discusses in brief the components of biotechnology ranging from plant and animal variety to the bioinformatics, and their eligibility for Patent. Discusses evolutionary and doctrinal perspective for biotechnology patent. The doctrinal perspective are based on substantialist and functionalist theory in which comodification, amount of effort and technology invested by the inventor, forms the basis for grant of biotechnology patent. Traces the evolution of bio-technology Patent and elaborates the Patent jurisprudence in context of classical and modern developments of the Biotechnology landscape. The regulation of Biotechnology Patent at the international, regional and national level has been elaborately discussed. The institutions of importance at international level are, World Intellectual Property Organisation (WIPO) and World Trade Organisation (WTO). Discusses the substantive laws of Biotechnology Patent in India and compares them with the nations who have well developed precedent on biotechnology patent. The substantive provisions as prerequisites for grant of patent, such as: a) patentable subject matter b) novelty c) non-obviousness and d) Specification/written description are elaborately studied. The procedure for the grant of patent starting from filing of the patent application to grant of Patent as covered in the Patent Act, 1970, its comprehensively covered. Attempts to assess the impact of the grant of proprietary right on agro-biodiversity and extension of plant utility patents on food security. Describes that the genetic resources of plant, animals and micro-organisms are the source material for the research and experimentation in the field of biotechnology, particularly for manufacturing the medicines and drugs. Surveys the genetic resources in terms of geographical spread and the resource which qualify for the intellectual protection. 1. Introduction. 2. Concept, meaning and scope of biotechnology

7 148 patent. 3. The historical and doctrinal perspective of biotechnology patent. 4. Legal and regulatory framework of biotechnology patent. 5. Laws of biotechnology patent. 6. Biotechnology patent and food security. 7. Biotechnology patent and public health. 8. Biotechnology patent and environment. 9. Conclusions and suggestions. Bibliography. M.Phil Dissertations (L.L.M. -- Master of Law -- 2 Yr Course) 268. AJAY KUMAR Compatibility Between Indian Environmental Laws and International Conventions. Supervisor : Prof. L Pushpa Kumar 269. ARKOY INGTI KATHAR Analysis of the Conflict between the State and the Autonomous District Councils Formed Under the Sixth Schedule of the Constitution. Supervisor : Dr. Topi Basar 270. BANERJEE (Srishty) Effectiveness of Laws in Curbing Elder Abuse. Supervisor : Dr. Anu 271. BHARDWAJ (Geetika) Crime Against Women. Supervisor : Dr. Kamala Sankaran 272. BHARDWAJ (Karn) Legal Aspects of Media Sharing on the Internet and Intermediary Liability. Supervisor : Dr. Poonam Das 273. BHATI (Neetu) Right to Information : A Critical Study. Supervisor : Dr. Sarabjit Kaur 274. CHAUDHARY (Vivek) Socio-Legal Analysis of Child Labour and It s Ramnification in India. Supervisor : Prof. S K Gupta

8 DEEPAK KUMAR AZAD Humanitarian Intervention and Territorial Sovereignity : The dilemma (A third World Perspective). Supervisor : Dr. Anupam Jha 276. DEVENDER SINGH World Trade Organisation and India s Strategy on Agricultural Issues : A Critical Analysis. Supervisor : Prof. J L Kaul 277. DINESH KUMAR Evolution of Laws Relating to Liberation of Bonded Labour in India. Supervisor : Prof. P S Lathwal 278. GOEL (Chavi) Role of Judiciary in Dispensation of Justice in India and Judicial Activism. Supervisor : Ms. Meena Panickar 279. GUPTA (Chhaya) Environmental Aspect of Corporate social Responsibility in India. Supervisor : Mr. L Pushpa Kumar 280. JASBIR SINGH Right to Information in India : A Reality or Myth. Supervisor : Prof. O B Lal 281. KADIAN (Rakesh) Capital Punishment : Response of Indian Judiciary. Supervisor : Dr. Mahavir Singh 282. KAJLA (Sanjeev) Legal Response to the Problem of Child Labour in India. Supervisor : Prof. O B Lal 283. MALIK (Taniya) Tackling Money Laundering : A Study of the Indian Legal Regime. Supervisor : Dr. Vandana 284. MANOJ KUMAR Critical Study : Impact of Proposed Copyright Bill 2010, on Existing Copyright Laws. Supervisor : Prof. Ashwani Kr Bansal

9 MARWAH (Rupal) Transfer Pricing : The Indian Perspective. Supervisor : Dr. V K Ahuja 286. MEENA (Jyotsna) Unreasonable and Arbitrary Exercise of Administative Discretion : Grounds of Judicial Review. Supervisor : Dr. Ranjan Verghese 287. MINJ (Namita Anne) Compulsory Acquisition of Property by the State and its Impact on Tribal Dwellers. Supervisor : Dr. Topi Basar 288. MOHAMMAD ARIF Empowerment of Women. Supervisor : Dr. Kiran Gupta 289. MOHIT KUMAR Practice of Untouchability in Modern Indian Society - Myth Or Reality. Supervisor : Prof. J L Kaul 290. PANDEY (Malay) Redress of Victims of Crime : A Comparative Study. Supervisor : Dr. B T Kaul 291. PORIA (Deepak) Unfair Labour Practices in India. Supervisor : Prof O B Lal 292. RAI (Shubhra) Consumers Rights in India Competition Vis-a-vis Monopoly. Supervisor : Prof. Suresh Minocha 293. RANTA (Rajeev) Mergers and Acquisitions Under Competition Law : Social and Economic Impacts. Supervisor : Prof. Suresh Minocha 294. RAWAT (Tricha) Limited Liability Partnership : An Emerging Trend in India. Supervisor : Dr. Suman

10 SANDEEP KUMAR Freedom of Religion Under Indian Constitution : A Critical Appraisal. Supervisor : Dr. Mahavir Singh 296. SATI (Santosh) Internet Censorship Versus Freedom of Expression in India. Supervisor : Prof. Ashwani Kr Bansal 297. SAUJANYA RANJAN Study of Anti-Corruption Laws with Regard to Misuse of Parliamentary Privileges. Supervisor : Dr. V K Ahuja 298. SAURABH RANA Law and the Changing Contours of Medical Ethics. Supervisor : Dr. Mahavir Singh 299. SHARMA (Yogita) Misuse of Pro-Women Materimonial Laws : An Emperical Study in State of Jammu and Kashmir. Supervisor : Dr. B K Raina 300. SINGH (Abhay Pratap) Fraud in Banking Sector & Dishonour of Cheque-Legal Provisions and Judicial Approach. Supervisor : Prof. O B Lal 301. SINGH (Brijesh Kumar) Legal Status of Right to Food in India : A Critical Appraisal. Supervisor : Prof. J L Kaul 302. SINGH (Pradeep Kumar) Jurisprudential Aspect of Administration Discretion. Supervisor : Dr. Ranjan Verghese 303. SINGH (Raj Kumar) Indian Competition Law : Emerging Dimensions. Supervisor : Ms. Meena Panickar 304. SUHAG (Navdeep Singh) Director s Liability : A Corporate Governance Perspective. Supervisor : Prof. Suresh Minocha

11 THOMAS (Lithin) Prevention of Corruption Act, 1988 : A Critical Evaluation of the Legal Framework. Supervisor : Dr. B T Kaul 306. TRIPATHI (Vivek Kr) Custodial Violence in India. Supervisor : Prof. S C Raina 307. VANI PRAKASH Restorative Justice in International Criminal Law : The Rights of Victims in the International Criminal Court. Supervisor : Prof. J L Kaul 308. YADAV (Parag) Crimes Against Women : A View Under Indian Legal System. Supervisor : Dr. Vandana 309. YAILIWON SHANGH Social Profiling : Root Cause of Racial Discrimination. Supervisor : Prof. S C Raina (L.L.M. -- Master of Law -- 3Yr Course) 310. ARORA (Madhuri) Juvenile Justice System in India. Supervisor : Prof. Ved Kumari 311. COLETTE RASHMI KUJUR Laws on Privacy-Special Reference to the Position in India. Supervisor : Dr. Kamala Sankaran 312. DABASS (Viplab) Social Security for Unorganized Workers in India. Supervisor : Prof. O B Lal 313. GUPTA (Pooja) Socio Legal Study on Human Trafficking in India. Supervisor : Dr. Gunjan Gupta 314. GUPTA (Rashmi) Death Sentence, disparity in Sentencing and Section 235 (2) Cr. P. C. Supervisor : Dr. B T Kaul

12 JAIN (Varsha) Right ot Information Under the Right to Information Act, 2005 (Uses & Misuses. Supervisor : Ms. Meena Panickar 316. KEWL KRISHAN Interface of Law of Right to Information & Practice and Law of Banking. Supervisor : Dr. Alka Chawla 317. MISHRA (Vishwa Bhushan) Critical Analysis of Competition Act 2000 : Experience So Far and Future Prospects. Supervisor : Dr. Usha Tandon 318. PAREWA (Preeti) Rights of Disabled Persons : A Comparative Study. Supervisor : Dr. B K Raina 319. RAKESH KUMAR RAKESH Protection of Traditional Knowledge in India. Supervisor : Dr. Raman Mittal 320. RAM KUMAR Efficacy of Existing Laws in the Protection of Children : An Indian Perspective. Supervisor : Dr. Kiran Gupta 321. SEEMA KUMARI Law of Succession of Hindu Female Intestate Need Amendment. Supervisor : Dr. Vandana 322. SHARMA (Prem Kumar) Law of Abortion in India : A Critical Study. Supervisor : Dr. Usha Tandon 323. SHARMA (Tanu) Protection of Cyber Intellectual Property With Special Reference to Internet. Supervisor : Prof. O P Sharma 324. SNEH LATA Irretrievable Breakdown of Marriage as a Ground for Divorce. Supervisor : Prof. Poonam Saxena

13 TIWARI (Mahendra Kr) Prevention of Oppression & Mismanagement and Changes Proposed by the Company Bill 2009 : An Analysis. Supervisor : Dr. Rajni Abbi 326. UPENDRA SINGH Armed Forces (Special Powers) Act, 1958 : An Instrument of Terror or Counter Insurgency. Supervisor : Dr. Suman 327. VINOD KUMAR Environmental and Development : A Study in Human Rights Perspective. Supervisor : Mr. L Pushpa Kumar (M.C.L. -- Master of Law -- 2Yr Course) 328. HIROSHINI N D GAMALATH State Emergency Laws and Its Impacts on Human Rights in India and Sri Lanka : A Comparative Study. Supervisor : Dr. Usha Tandon 329. MARYAM JAFRI Unfari Death Penalty : A Comparative Study : National and International Prospective. Supervisor : Dr. Vegeshwari Deswal 330. MOJDEH FARSI Emerging Trends in Trade Marks Law in India ( ) With Emphasis on Dilution. Supervisor : Prof. O P Sharma 331. WILLIAM RAPHEL LUOGA Right to Bali : Comparative Analysis Between Tanzania and India. Supervisor : Dr. B K Raina